Sol_140P2120R0028.pdf

SOLICITATION, OFFER,

AND AWARD

2. TYPE OF SOLICITATION

6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.

PAGE OF PAGES

7. ISSUED BY CODE 8. ADDRESS OFFER TO

SOLICITATION

(Construction, Alteration, or Repair)

1. SOLICITATION NO. 3. DATE ISSUED

IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.

9.

INFORMATION

a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."

CALL:

FOR

SEALED BID (IFB)

NEGOTIATED (RFP)

NPS, WASO - WCP Contracting

P.O.Box 25287 MS WCP

Denver CO 80225

PWA

National Park Service

Historic Preservation Training Center Sheila Rushlow sheila_rushlow@nps.gov

Sheila Rushlow 3016638206

1x 07/22/2020

140P2120R0028

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)

Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary to complete the Rehabilitate

Lippincott Cottage Roof project in St. Michael, Pennsylvania. All work shall be completed in accordance with Attachment 1, Project Specifications entitled

Specifications for the Structural Stabilization of Lippincott Cottage, Johnstown

Flood National Memorial, St. Michaels, PA, Alpha Corporation, Sterling, Virginia, November 15, 2019, revised 07/10/2020, 308 pages and Attachment 2, Drawing set entitled Structural Stabilization of Lippincott Cottage, Johnstown Flood National

Memorial, St. Michael, PA, Alpha Corporation, Dulles, Virginia, November 15, 2019, revised 07/10/2020, 23 sheets.

The estimated construction range for this project is between $100,000 and $250,000.

This Solicitation is being conducted as a total small business set-aside. The North

American Industrial Classification System (NAICS) code is 238160, Roofing

Contractors and the small business size standard is $16.5 million average annual receipts for the last three years.

Continued ...

11. The Contractor shall begin performance

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and is not required.is, b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

d. Offers providing less than

12b. CALENDAR DAYSYES NO

(If "YES", indicate within how many calendar days after award in Item 12b.)

7 59 calendar days and complete it within ________________ ________________ calendar days after receiving

See Section F

08/26/2020

NSN 7540-01-155-3212

x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________

STANDARD FORM 1442 (Rev. 4-85)

Prescribed by GSA

FAR(48 CFR) 53.236-1(d)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than item 14.)

CODE FACILITY CODE

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

OFFER (Must be fully completed by offeror)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this document and return (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.

No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE

BY

2PAGE OF

DOI, NPS, Historic Pres Trng Ctr 4801A Urbana Pike

Frederick MD 21704

WA2

Sheila Rushlow

28. NEGOTIATED AGREEMENT 29. AWARD

Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

STANDARD FORM 1442 (REV. 4-85) BACK

Continued...

ITEM NO.

(A)

SUPPLIES/SERVICES

(B)

QUANTITY

(C)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

NAME OF OFFEROR OR CONTRACTOR

3 71

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140P2120R0028

Refer to Section H for information regarding a

Pre-Proposal Conference and Site Visit.

Information and requirements in Sections A through J and attachments identified in Section J apply to this solicitation and subsequent contract. Requirements identified in Sections K, L and M apply to this Solicitation.

The time zone specified in Block 13 is Eastern

Standard Time (EST).

Questions in response to the Solicitation are due in writing to sheila_rushlow@nps.gov by August

13, 2020.

The Government anticipates award of a firm-fixed price contract on or before September 22, 2020.

Legacy Doc #: NPS

Delivery: 12/03/2020

Delivery Location Code: 0009060769

NPS, WCP Operations - USPS

(Via USPS) PO Box 25287

DENVER CO 80225 US

Period of Performance: 09/22/2020 to 12/03/2020

00010 Rehabilitate the Lippencott Cottage Roof

Product/Service Code: 5650

Product/Service Description: ROOFING & SIDING

MATERIALS

Period of Performance: 09/22/2020 to 12/09/2020

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation Number 140P2120R0028 Page 4 of 71

B - Supplies or Services/Prices

Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary to complete the Rehabilitate Lippincott Cottage Roof project in St. Michael, Pennsylvania.

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLIN)

TITLE

QTY

UNIT OF

MEASURE

TOTAL PRICE

1 Temporary Construction and Site Restoration

-Construct and Uninstall Fencing -Construct and Uninstall Scaffolding -Dumpster -Site Restoration including grading

1 Lump Sum $

2 Roof Assembly

-Roofing Demolition -New Roofing

1 Lump Sum $

3 Framing Repairs

-New Replacement Truss

-Sister Rafters

-Painting

*If quantities exceed the identified quantities, mutually advance approved additional quantities will be added via written modification to the contract at unit price written into the contract.

UNIT

UNIT

PRICE

TOTAL PRICE

*16

*64

*64

EA

LF

LF

Solicitation Number 140P2120R0028 Page 5 of 71

CONTRACT

LINE ITEM

NUMBER

(CLIN)

CONTRACT LINE ITEM (CLIN)

TITLE

UNIT UNIT

PRICE

TOTAL PRICE

4 Masonry Repairs

-Mortar Analysis

-Chimney Point Up over Room 208 at to 8 Feet Tall

-Chimney Point Up, Roof Repair at 3 Feet Tall

*If quantities exceed the identified quantities, mutually advance approved additional quantities will be added via written modification to the contract at unit price written into the contract.

*80

*24

EA

SF

SF

5 General Conditions 1 Lump Sum $

TOTAL FIRM-FIXED PRICE $________________________

Solicitation Number 140P2120R0028 Page 6 of 71

C - Description/Specifications

1. BACKGROUND AND OBJECTIVES

The Lippincott Cottage was constructed in 1887 and is one of 16 cottages built along Lake Conemaugh and associated with the South Fork Fishing and Hunting Club. The club and lake provided a refuge for wealthy Pittsburgh residents until 1889 when, on May 31, the lake overflowed and, breaking the dam, sent massive amounts of water down the Conemaugh Valley flooding Johnstown, Pennsylvania. The Lippincott Cottage is a large, three-story, wood framed structure in the Queen Anne style. It has both hipped and gabled roofs, dormers, an octagonal tower, and porches covered in asphalt shingles of varying age. A recent investigation has identified the structural deficiencies of the Cottage as well as potential hazardous materials, including lead-based paint.

The work of this contract includes reroofing the Lippincott Cottage, which is the first step in returning the Cottage to a structurally stable condition. Specifically, the work includes: removal and replacement of existing sheathing on all roofing except for the tower, limited repair of roof framing and associated painting, limited repointing of brick chimneys, removal of tower shingles and underlayment, and installation of new, asphalt roofing, including underlayment, waterproofing, shingles, ridge vents, flashing, gutters and downspouts, and snow guards. The roof is approximately 4,400 square feet.

The Lippincott Cottage is a contributing structure to the South Fork Fishing and Hunting Club Historic District, which is listed in the National Historic Register of Historic Places and, as such, requires that all work comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

2. STATEMENT OF WORK

Independently, and not as an agent of the Government, the Contractor shall provide all labor, materials, equipment and travel necessary to complete the Rehabilitate Lippincott Cottage Roof project in St. Michael, Pennsylvania.

All work shall be completed in accordance with Attachment 1, Project Specifications entitled “Specifications for the Structural Stabilization of Lippincott Cottage, Johnstown Flood National Memorial, St. Michaels, PA,” Alpha Corporation, Sterling, Virginia, November 15, 2019, revised 07/10/2020, 308 pages and Attachment 2, Drawing set entitled “Structural Stabilization of Lippincott Cottage, Johnstown Flood National Memorial, St.

Michael, PA,” Alpha Corporation, Dulles, Virginia, November 15, 2019, revised 07/10/2020, 23 sheets.

Solicitation Number 140P2120R0028 Page 7 of 71

A brief summary of the Scope of Work follows:

A. Removal and replacement of existing sheathing on all roofing except for the tower.

Tower shingles and underlayment to be removed. Installation of new asphalt roofing, including underlayment, waterproofing, shingles, ridge vents, flashing, gutters and downspouts and snow guards.

B. Repoint chimney brick in areas identified on the drawings (Attachment 2) and repair mortar crown at tops of chimneys as follows:

-Chimney Point Up over Room 208 at to 8 Feet Tall – Approximately 80 Square Feet

-Chimney Point Up, Roof Repair at 3 Feet Tall – Approximately 24 Square Feet

C. Perform roof framing repairs identified on the drawings (Attachment 2) and associated painting as follows:

-New Replacement Truss – Approximately 16 Each

-Sister Rafters – 64 Linear Feet

-Painting – 64 Linear Feet

D. Removal of temporary scaffold and fence and performance of grading at disturbed areas.

The Contractor and COR will verify the approximated quantities identified above for each prior to the start of work. If there is a variance in quantity from what is identified, based on mutual agreement between the parties an equitable adjustment shall be made upon by request by either party in accordance with FAR 52.211-18, Variation in Estimate Quantity.

Solicitation Number 140P2120R0028 Page 8 of 71

D - Packaging and Marking

None Clauses Included

Solicitation Number 140P2120R0028 Page 9 of 71

E - Inspection and Acceptance

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. “Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may—

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

Solicitation Number 140P2120R0028 Page 10 of 71

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of clause)

Solicitation Number 140P2120R0028 Page 11 of 71

F - Deliveries or Performance

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within 7 calendar days calendar day after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 59 calendar days. The time stated for completion shall include final cleanup of the premises.

FAR 52.211-12 LIQUIDATED DAMAGES - CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $729 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

FAR 52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of Clause)

FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party.

The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days

Solicitation Number 140P2120R0028 Page 12 of 71 from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

(End of clause)

FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted.

(1) by an act of the Contracting Officer in the administration of this contract, or

(2) by the Contracting Officer’s failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed --

(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause)

Solicitation Number 140P2120R0028 Page 13 of 71

G - Contract Administration Data

1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

Solicitation Number 140P2120R0028 Page 14 of 71

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INTERNET

PAYMENT PLATFORM (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov.

The contractor shall submit a draft Invoice Package, including copies of the following documents, to the National Park Service’s (NPS) Construction Management Representative (CMR) a minimum of 5 working days prior to submittal of the formal Invoice through IPP. Within 5 working days of receipt, the CMR shall provide an acceptability recommendation to both the NPS Contracting Officer’s Representative (COR) and the contractor. If the CMR recommends acceptance, the contractor shall submit a copy of the final version of the CMR’s checklist and the Invoice Package to the NPS through IPP.

1. Completed copy of the CMR’s final Construction Payment Request Checklist (Submit only with the formal submittal to IPP)

2. Completed copy of the Pay Estimate Form (including signed certification of subcontractor payments)

3. Completed copy of the Limitations on Subcontracting Report

4. Certified copies of Payroll Reports per Contract clause 52.222-8 Payrolls and Basic

Records.

5. Completed copy of the Payroll Report PII Certification

6. Information required by contract clause 52.232-27, Prompt Payment for Construction

Contracts

7. A copy of the current construction schedule (refer to project specification section

013216) https://www.ipp.gov/

Solicitation Number 140P2120R0028 Page 15 of 71

8. A copy of the current Schedule of Values. (refer to project specification section 013216) The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause) mailto:ippgroup@bos.frb.org

Solicitation Number 140P2120R0028 Page 16 of 71

H - Special Contract Requirements

PRE-PROPOSAL CONFERENCE AND SITE VISIT

A Preproposal Conference and Site Visit is scheduled for August 10, 2020 at 10:30 a.m. The meeting location is at the Lippincott Cottage, 151 Cottage Lane, Saint Michael, PA. Prior to the meeting please email sheila_rushlow@nps.gov the company and names of those attending the meeting.

SPECIAL CLAUSE 1: KEY PERSONNEL

(a) The Contractor shall assign to this contract the following key personnel:

Job-Site Superintendent:___________________________________

Project Manager:_________________________________________

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 15 calendar-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

(End of Clause)

SPECIAL CLAUSE 2: INFECTIOUS DISEASE PREPAREDNESS AND RESPONSE –

CORONAVIRUS PANDEMIC (COVID-19)

1. Contractors are responsible for their employees’ safety and the safety of job site visitors during the performance of this contract. We encourage contractors to follow guidance from the Department of Labor, Occupational Safety and Health Administration (OSHA), the Centers for Disease Control and Prevention (CDC), and all other applicable local, city, and state mandates. We encourage contractors to develop policies for infection prevention and an Infectious Disease Preparedness and Response Plan.

mailto:sheila_rushlow@nps.gov

Solicitation Number 140P2120R0028 Page 17 of 71

2. To the extent appropriate, Contractors should include the protective health and safety measures they intend to implement related to COVID-19 in any accident prevention or safety submittals required under this contract. These plans should contain preventive measures the contractor intends to follow while performing work on government property as well as responsive and corrective actions to be taken if an employee exhibits symptoms or tests positive for COVID-19.

3. Upon contract award, contractors should communicate with the Contracting Officer regarding contractor decisions and actions to protect the health and safety of workers for the duration of contract performance under which pandemic conditions exist.

4. The following websites provide additional guidance and information:

a. https://www.coronavirus.gov/

b. https://www.osha.gov/SLTC/covid-19/

c. https://www.cdc.gov/coronavirus/2019-ncov/index.html

d. https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html

e. https://www.fema.gov/coronavirus

f. https://www.nps.gov/aboutus/news/public-health-update.htm

(End of Local Clause)

LIABILITY INSURANCE REQUIREMENTS

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

Employer's liability $100,000

General liability $500,000

Construction Per person $100,000 Per occurrence $500,000 Property damage $1,000,000

Architect-Engineer Per person $200,000 Per occurrence $500,000 Property damage $ 20,000

Automobile liability Per person $200,000 https://www.coronavirus.gov/ https://www.osha.gov/SLTC/covid-19/ https://www.cdc.gov/coronavirus/2019-ncov/index.html https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/construction-workers.html https://www.fema.gov/coronavirus https://www.nps.gov/aboutus/news/public-health-update.htm

Solicitation Number 140P2120R0028 Page 18 of 71

Per occurrence for bodily injury $500,000 (other than passenger liability) Per occurrence for property damage $20,000

Aircraft public and passenger liability, when aircraft used in connection with the performing this contract Per person $200,000 Per occurrence for bodily injury $500,000 Per occurrence for property damage $200,000 Passenger liability bodily injury $200,000 multiplied by number of seats or passengers, whichever is greater

If this is a construction contract, the Contractor shall maintain compensation insurance, for employees engaged in the work, complying with the workmen's compensation laws of the State in which the work is to be performed and shall maintain liability insurance protecting the Contractor from claims because of bodily injury (including death) and property damage arising under this Contract.

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The Contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

Solicitation Number 140P2120R0028 Page 19 of 71

I - Contract Clauses

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov.

CLAUSE NUMBER

TITLE DATE

FAR 52.202-1 Definitions (JUN 2020) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-5 Covenant Against Contingent

Fees

(MAY 2014)

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government

(JUN 2020)

FAR 52.203-7 Anti-Kickback Procedures (JUN 2020) FAR 52.203-8 Cancellation, Rescission, and

Recovery of Funds for Illegal or Improper Activity

(MAY 2014)

FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

(MAY 2014)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

(JUN 2020)

FAR 52.203-17

Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

(JUN 2020)

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

FAR 52.204-4 Printed or Copied Double- Sided on Postconsumer Fiber Content Paper

(MAY 2011)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel

(JAN 2011)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

FAR 52.204-13 System for Award Management Maintenance

(OCT 2018)

https://www.acquisition.gov/

Solicitation Number 140P2120R0028 Page 20 of 71

CLAUSE NUMBER TITLE DATE

FAR 52.204-18 Commercial and Government Entity Code Maintenance

(JUL 2016)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

(JUN 2016)

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

(JUL 2018)

FAR 52.204-25 Prohibition on Contracting for certain Telecommunications and Video Surveillance Services and Equipment

(AUG 2019)

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

(JUN 2020)

FAR 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

(NOV 2015)

FAR 52.215-2 Audit and Records - Negotiation.

(JUN 2020)

FAR 52.215-8 Order of Precedence-Uniform Contract Format

(OCT 1997)

FAR 52.219-8 Utilization of Small Business Concerns

(OCT 2018)

FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-4 Contract Work Hours and

Safety Standards - Overtime Compensation

(MAR 2018)

FAR 52.222-6 Construction Wage Rate Requirements

(AUG 2018)

FAR 52.222-7 Withholding of Funds (MAY 2014) FAR 52.222-8 Payrolls and Basic Records (AUG 2018) FAR 52.222-9 Apprentices and Trainees (JUL 2005) FAR 52.222-10 Compliance With Copeland

Act Requirements

(FEB 1988)

FAR 52.222-11 Subcontracts (Labor Standards)

(MAY 2014)

Solicitation Number 140P2120R0028 Page 21 of 71

CLAUSE NUMBER

TITLE DATE

FAR 52.222-12 Contract Termination Debarment

(MAY 2014)

FAR 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations

(MAY 2014)

FAR 52.222-14 Disputes Concerning Labor Standards

(FEB 1988)

FAR 52.222-15 Certification of Eligibility (MAY 2014) FAR 52.222-21 Prohibition of segregated facilities

(APR 2015)

FAR 52.222-26 Equal Opportunity (SEP 2016)

FAR 52.222-27 Affirmative Action Compliance Requirements for Construction

(APR 2015)

FAR 52.222-37 Employment Reports on Veterans.

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

FAR 52.222-50 Combating Trafficking in Persons

(JAN 2019)

FAR 52.222-54 Employment Eligibility Verification

(OCT 2015)

FAR 52.222-55 Minimum Wages Under Executive Order 13658

(DEC 2015)

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706.

(JAN 2017)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information

(MAY 2011)

FAR 52.223-6 Drug-Free Workplace (MAY 2001) FAR 52.223-17 Affirmative Procurement of

EPA-designated Items in Service and Construction Contracts

(AUG 2018)

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FAR 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

(JUN 2020)

FAR 52.223-21 Foams (JUN 2016) FAR 52.224-1 Privacy Act Notification (APR 1984) FAR 52.224-2 Privacy Act (APR 1984) FAR 52.224-3 Privacy Training (JAN 2017) FAR 52.225-13 Restrictions on Certain

Foreign Purchases

(JUN 2008)

FAR 52.227-1 Authorization and Consent (JUN 2020) FAR 52.227-2 Notice and Assistance

Regarding Patent and Copyright Infringement

(JUN 2020)

FAR 52.227-4 Patent Indemnity-- Construction Contracts

(DEC 2007)

FAR 52.227-17 Rights in Data-Special Works (DEC 2007) FAR 52.228-2 Additional Bond Security (OCT 1997) FAR 52.228-5 Insurance – Work on a

Government Installation

(JAN 1997)

FAR 52.228-11 Pledges of Assets (AUG 2018) FAR 52.228-12 Prospective Subcontractor

Requests for Bonds

(MAY 2014)

FAR 52.228-14 Irrevocable Letter of Credit (NOV 2014) FAR 52.228-15 Performance and Payment

Bonds - Construction

(JUN 2020)

FAR 52.229-3 Federal, State, and Local Taxes

(FEB 2013)

FAR 52.229-12 Tax on Certain Foreign Procurements

(JUN 2020)

FAR 52.232-5 Payments Under Fixed-Price Construction Contracts.

(MAY 2014)

FAR 52.232-17 Interest (MAY 2014)

FAR 52.232-23 Assignment of Claims (MAY 2014) FAR 52.232-27 Prompt Payment for

Construction Contracts

(JAN 2017)

FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management.

(OCT 2018)

FAR 52.232-39 Unenforceability of Unauthorized Obligations.

(JUN 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(DEC 2013)

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FAR 52.233-1 Disputes (MAY 2014) - Alternate I

(DEC 1991)

FAR 52.233-3 Protest After Award (AUG 1996)

FAR 52.233-4 Applicable Law for Breach of

Contract Claim.

(OCT 2004)

FAR 52.236-2 Differing Site Conditions. (APR 1984)

FAR 52.236-3 Site Investigation and Conditions Affecting the Work

FAR 52.236-5 Material and Workmanship (APR 1984) FAR 52.236-6 Superintendence by the

Contractor

(APR 1984)

FAR 52.236-7 Permits and Responsibilities (NOV 1991) FAR 52.236-8 Other Contracts (APR 1984) FAR 52.236-9 Protection of Existing

Vegetation, Structures, Equipment, Utilities, and Improvements

FAR 52.236-10 Operations and Storage Areas (APR 1984)

FAR 52.236-11 Use and Possession Prior to Completion

FAR 52.236-12 Cleaning Up. (APR 1984)

FAR 52.236-13 Accident Prevention (NOV 1991) FAR 52.236-14 Availability and Use of

Utility Services

(APR 1984)

FAR 52.236-15 Schedules for Construction Contracts

(APR 1984)

FAR 52.236-17 Layout of Work (APR 1984) FAR 52.236-21 Specifications and Drawings for Construction

(FEB 1997)

FAR 52.236-26 Preconstruction Conference (FEB 1995) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.243-4 Changes (JUN 2007) FAR 52.246-21 Warranty of Construction (MAR 1994) ALT 1 (APR

1984) FAR 52.248-3 Value Engineering -

Construction

(OCT 2015)

FAR 52.249-2 Termination for Convenience of the Government (Fixed- Price )

(APR 2012)

ALT 1 (SEPT 1996)

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FAR 52.249-10 Default (Fixed-Price

Construction)

(APR 1984)

FAR 52.253-1 Computer Generated Forms (JAN 1991)

FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-

01)

(a) Definition. Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through

(iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice;

for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

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FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. As used in this clause— “Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set- aside or sole source award under the HUBZone Program.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; and Orders set aside for any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or

Solicitation Number 140P2120R0028 Page 26 of 71

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarlysituated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of clause)

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION

(MAY 2020)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057214 https://www.acquisition.gov/content/part-19-small-business-programs#i1101771

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(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph

(c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs

(f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to…